US poultry groups challenge trucking rule

01-08-2012 | | |
US poultry groups challenge trucking rule

A group of US poultry organisations have joined a coalition of industry groups in challenging the Federal Motor Carrier Safety Administration’s (FMCSA) Hours of Service Final Rules for commercial truck drivers.

The US Poultry & Egg Association, National Chicken Council and National Turkey Federation argued that portions of the rule will slow productivity, hurt jobs and have a negative impact on agriculture, manufacturers, retail supply chains and distribution operations.

In filing a joint amici curiae brief, the poultry industry is in agreement with the American Trucking Associations legal challenge. The group supports the view that the specific rest periods of the ‘34-hour restart’ and the exclusion of all ‘on-duty non-driving work’ during specified breaks should be held unlawful on the grounds that the changes are arbitrary and capricious.

The brief argues that the FMCSA failed to consider any costs on shippers, receivers or transportation intermediaries when evaluating changes to the rule. The coalition group also opposed a challenge lodged by Public Citizen and defended the FMCSA’s decision to maintain the 14-hour driving window and the 11-hour daily driving provision.